89R22357 CXP-D
By: Curry, Simmons, Perez of Harris, H.B. No. 3611
Craddick, Rose, et al.
Substitute the following for H.B. No. 3611:
By: Curry C.S.H.B. No. 3611
A BILL TO BE ENTITLED
AN ACT
relating to the civil penalty for certain signs placed on the
right-of-way of a public road.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 393.001, Transportation Code, is amended
to read as follows:
Sec. 393.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Person" includes a person's employee, agent,
independent contractor, assignee, business alter ego, and
successor in interest.
(2) "Sign" [, "sign"] means an outdoor sign, display,
light, device, figure, painting, drawing, message, plaque, poster,
or other thing designed, intended, or used to advertise or inform.
SECTION 2. Section 393.007, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) A person who places or commissions the placement of or
whose commercial advertisement is placed on a sign on the
right-of-way of a public road that is not otherwise authorized by
law may be liable for a civil penalty, provided that, for a person's
first violation:
(1) the applicable political subdivision provides
written notice to the person that the person may be liable for a
civil penalty if the person fails to remove the sign within a
specified period; and
(2) the person fails to remove the sign within the
specified period.
(a-1) A district or county attorney or a municipal attorney
in the jurisdiction in which the placement of a sign on the
right-of-way of a public road is alleged to have occurred may sue to
collect the penalty.
(b) The amount of the civil penalty may not exceed:
(1) [is not less than $500 or more than] $1,000 for a
first [each] violation;
(2) $2,500 for a second violation; and
(3) $5,000 for a third or subsequent violation[,
depending on the seriousness of the violation and whether the
person has previously violated this chapter. A separate penalty
may be collected for each day a continuing violation occurs].
SECTION 3. The change in law made by this Act applies only
to a violation that occurs on or after the effective date of this
Act. A violation that occurs before the effective date of this Act
is governed by the law in effect on the date the violation occurred,
and the former law is continued in effect for that purpose. For
purposes of this section, a violation occurs before the effective
date of this Act if any element of the violation occurs before that
date.
SECTION 4. This Act takes effect September 1, 2025.